Wednesday, November 27, 2019

The Past is a foreign country Essays

The Past is a foreign country Essays The Past is a foreign country Paper The Past is a foreign country Paper The Past is a foreign country: they do things differently there. Referring to L. P. Hartleys novel The Go-Between and Philip Larkins poetry anthology The Whitsun Weddings, explore the significance of the past. Whats gone and whats past help, should be past grief. L. P. Hartleys novel and Larkins poetry demonstrate the lack of reality in this philosophy, a point that Shakespeare clearly implies with the use of the auxiliary verb should. Although a foreign country our capacity of memory allows us to continue living in that strange land making the events that occurred there very much present grief. The devastating history of The Go-Between epitomises the power that the past has to dictate our lives. That one summer in adolescence can affect the next fifty years of a mans life illustrates the influence that the past has on the present. Similarly, the poetry of Philip Larkin portrays how alive and existing the past is, in memorabilia, in our children, in artifacts and in ourselves. A post mortem of Leo Colstons metaphorical death, the novel The Go-Between, tells the account of how a boy was prematurely forced into adulthood, an adulthood never lived out. The events that occurred at the age of twelve crippled Leo to such an extent that even in his sixties he has not recovered; he is dried up, the husk of a man. One summer in his youth holds more significance for him than any other time, it is the only time in his life that Leo lived but also the time at which he gave up on his existence and died. The Leo Colston of pre-1900 remained at Brandham Hall, where they do things differently, and it is only at the age of sixty-four when he returns in person that he is able and dares to start living once more. After opening Pandoras box, his diary from that eventful year, he decides to confront the past. Despite Leos advance in age he still possesses childhood nostalgia contained in a box, which like him is battered, all these years later. He stored away memorabilia from his early days, evidence that he had not recovered from what happened in the past. In this searching exploration of the nature of memory as termed by Douglas Brooks-Davies, we are shown the ability that the faculty has, as well as memorabilia, to contain the past. Colston was unable to throw away his physical memories just as much as he was unable to rid them from his mind; he did not have closure on the events that took place in Norfolk, it was unfinished business. The prologue of this bildungsroman sees Leo Colston unable to resist the enervating power of his boyhood diary, and so he once again opens the door to his disturbing past. Both the prologue and epilogue of the novel are evidence of the great significance the author places on the past, shown in the pathetic life he has created for green Leo Colston, a now cindery creature, a dull dog. Many factors contributed to the breakdown of the young go-between, not solely the revelation of the sexual act. The twelve-year-old Leo Colston was emotionally immature. He knew nothing of the facts of life and believed that by being a go-between he was a messenger of the gods so high were the Maudsleys in his esteem. Therefore when plunged into water too deep for him, acting as the lynch-pin of the whole business, he was destined to get hurt. After weeks of manipulation by his adored Maid Marian, amounting to psychological child abuse on her part, he was then sadistically forced by a hysterical Mrs. Maudsley to witness the two bodies moving like one. Leos downfall had almost reached its peak. The climax arrived however with the news that Ted Burgess had gone home and shot himself, releasing the metaphorical trigger that was to kill Leo the schoolboy and force him into an unpleasant adult world. The Diary for the year 1900 is a snapshot of naivety, as regards to both Leo and society, echoing the line from Philip Larkins poem MCMXIV: Never such innocence again. Both Leo and England were ignorant of the capabilities of man. Later England was to be disillusioned by the atrocities of two world wars and on a personal scale Leo was to lose his faith in the morality of man. It could be argued that had this novel not been set at the turn of the twentieth century but one hundred years later at the turn of the millennium, Leo Colston would not have suffered a nervous breakdown. Due to advancements in technology there would have been no need for a messenger to aid a secret love affair. The romance between Marian Maudsley, aristocrat and the farmer Ted Burgess would probably not have needed to be a secret at all due to the lack of such a segregated class system in todays society, and also due to the much improved status of women who are now far more liberated as regards sexual relationships and marriage. It is also improbable that an adolescent approaching thirteen in todays society could be as nai ve as Leo concerning the facts of life. The past therefore also has significance in terms of context and as the setting for L. P. Hartleys novel. In The Go-Between L. P. Hartley accurately recaptures the mood of the late Victorian period, through his novel the reader is allowed to witness not only Leos past but also the age in which Leslie Poles Hartley lived. The novel contains many similarities to the authors life and to a certain extent is autobiographical. Lord David Cecil praised Hartleys ability as a historical and social commentator believing him to be One of the most distinguished of modern novelists (And) a sharp-eyed chronicler of the social scene. The Epilogue of the novel shows most effectively the relationship between the past and present. When Leo Colston returns to the village near Norwich where the frightful trouble occurred, it is to a landscape as foreign to him then as when he first arrived there as a pubescent schoolboy. Whilst Leo has lived a monotonous existence for fifty years the most changeful half a century in history has taken place in the world around him. Yet other things remained unaltered. Marian Maudsley still has the power to bewitch Leo, to emotionally blackmail him, to make him carry out a final errand of love. Despite himself Leo is compelled to enter the world of Brandham Hall once more to deliver Marians words to her grandson, Ted Burgess grandson, the character of Edward symbolising the legacy we create in our children. As long as people continue to procreate they will never truly die, but live on through their offspring. Although his farmer friend had taken his own life all those years ago, Leo sees Ted Burgess once more in the face of his grandchild. On seeing the Hall, Leo allows himself to start recollecting fully the time he spent there. As he revisits the foreign country of his past he allows himself to stop being a stranger there and to understand that past land and the events that took place there. Also a foreigner in the world of emotion his entire adult life, Leo Colston will be no longer as he attempts to lay his ghosts to rest. In his anthology The Whitsun Weddings Philip Larkin explores the concept of past and its different aspects. With Afternoons he examines the passing of time; generations growing old without hardly noticing, then looking back at their pasts, their youths, from the hollows of afternoons. Mr. Bleaney was a person of the past and yet his personality lives on through the tales of his landlady and the stamp of bleakness that he left on the hired box. Yet it is in poems such as Love Songs in Age where Larkin truly observes the role that the past plays in our everyday lives, the ability nostalgic souvenirs have to comfort and move us as well as to disappoint. As in The Go-Between a tatty keepsake is the key to unlocking the past, again memories both fond and painful. The tone of the first verse is very matter of fact, simply informing the reader of how a widow accidentally stumbles upon some old, uncared for songbooks. Although unloved she could not face throwing them away as they took so little space. The simplicity of the language used complements the everyday value of the subject matter whilst at the same time informing the reader of the domestic situation of the lady in question. The repetition of One emphasises the lack of importance that the items held for the widow, but almost as though they knew of their own significance they had waited. Now however, in the autumn of her life they awaken nostalgic recollections as she vividly remembers the unfailing sense of being young and in love. The second stanza of the poem creates an optimistic mood, an illusion of sentimental love that makes her feel youthful once more like a spring-woken tree. Yet in the closing stanza Larkins underlying theme of cynicism emerges as the widow realises that the ideal of love portrayed in the song words is merely an illusion. Alliteration emphasises the lack of truth in the promise love makes to solve, satisfy and set unchangeably in order. In confronting this painful reminder from the past the widow also has to face the reality of the present, the two are entwined. The sentimental illusion of romance aimed too high and could not fulfil its promises; It had not done so then, and could not do so now.

Saturday, November 23, 2019

Ascertain whether the EU suffers from a democratic deficit Essays

Ascertain whether the EU suffers from a democratic deficit Essays Ascertain whether the EU suffers from a democratic deficit Essay Ascertain whether the EU suffers from a democratic deficit Essay To ascertain whether the EU suffers from a democratic deficit, we should determine the meaning of the word democracy in context. It is Greek in origin1 meaning rule by the people and the very least we should expect in terms of democracy in the EC law making process is that those institutions wielding power should be accountable to the European citizen through their elected representatives. In addition, those same institutions and organisations should also ensure the legislative process is open, accessible and understandable to the public. The Commission is an unelected body consisting of twenty Commissioners that are appointed (or nominated) by their respective governments. Wielding vast legislative powers, they carry out a number of functions according to Art 211 of the Treaty. Most importantly, the Commission initiates all legislative procedures and would describe itself2 as the driving force behind European integration, whether this is an appropriate role for an unelected body remains to be seen. However, it is the Council that is arguably the most important and probably most misunderstood of the EU institutions3. Comprising the members Heads of State plus the President of the Commission, they deliberate in secret. The most important function of the Council is to make decisions on Community legislation, usually on the basis of a Commission proposal. The third (and only directly elected) institution of the EC legislative order is the European Parliament. Performing a vital function for democracy in the EC, Parliament scrutinises Commission proposals for legislation, votes on amendments, and can in theory dismiss the Commission. These MEPs serve a five-year term, although electoral turnout has never been particularly good, many feel the democratic mandate enjoyed by Parliament warrants a greater legislative input. In addition to the three main institutions are the national Parliaments and the Committee of Regions (members include regional, local leaders and councillors). The national Parliaments are given an important role in the implementation of Community law i. e. the enactment of Directives under Art 249. The membership of the Committee of Regions is also determined by the respective national governments, although they have only weak consultative functions. It is the European Parliament that enjoys the most independence; under their rules of procedure voting is on an individual basis. Due to the weakness of the political leadership structure it is difficult to sanction rebel members allowing for truly individual standpoints that should, in theory, represent the desires of their electorate. MEPs should therefore, perhaps provide an effective check against the Council when legislating, prompted by more independent considerations than the sometimes short-term goals of government ministers. The role of the European Parliament has developed from that of a consultative assembly to something more like a traditional legislative body and under the Treaty of Rome, Parliament had a right only to be consulted on certain areas of EEC legislation. Contrasting with the present day, the proportion of policy areas in which the Parliament is involved has increased to 73 per cent as opposed to 18 per cent of the original EEC Treaty. If it can be said that the Commission acts at the executive then they are formally accountable to Parliament, who may actually remove the members of the Commission with a two-thirds majority in a vote of no confidence. In fact, the Commission might have been removed from office in its entirety in 1998. Although this never came to pass, Parliament did establish of a committee to investigate allegations of fraud and mismanagement in the Commission. The threat of such action lead to the resignation of the Commission, the report4 containing the sentence, it is becoming increasingly difficult to find anyone [in the Commission] who has even the slightest sense of responsibility. Parliaments controls over the Commission can therefore be regarded as extreme, where only severe circumstances (such as the above) can force the will of the Commission. Other less extreme checks and balances seem less potent as Art 192 only allows Parliament to request the Commission submit an appropriate proposal on matters which it considers the EC should legislate. Here the commission is not legally bound to draw up such a proposal. In addition, when the Commission holds such power as to be able to disregard Parliamentary proposals, the electorate should have some confidence in the selection of said Commissioners. Previously (before TEU) they were appointed by the member states, yet Parliament now has some control over who sits on the commission as they may veto or block candidates. Following the Treaty of Amsterdam Parliament can now veto presidential candidates, the President able to veto member states choices for membership of the Commission. A legitimate Commission is certainly essential with regards to the much-maligned Comitology procedure; the situation where the Commission may itself legislate via powers by the Council of Ministers. This delegated legislation deals with the detailed implementation of Council acts, upheld by the European Court of Justice in early case law such as Koster5. The Council retains an element of control over the Commission in this respect by the use of management committees, consisting of representatives from national governments, usually Civil Servants to whom the Commission must submit drafts of the measures it intends to adopt. The Civil Servants control of measures is divided into three areas advisory committees (merely able to give advice), management committees (may delay the Commissions ability to act) and regulatory committees (which may block the Commissions actions). Variations on these procedures have given rise to over four hundred Committees that further complicate matters, removing any semblance of transparency. Supporters of the Comitology procedure would argue that it helps implement EC legislation and helps the structurally overburdened Commission. However, the procedure has also been criticised for derogating from the Commissions right to exercise powers delegated to it, and thus distorting the institutional structure set up by the Treaty. The European Parliament in particular strongly opposes the procedure for its lack of democratic input. Perhaps, these Committees should indeed be held accountable to the elected body as it currently results in unelected bureaucrats exercising a strong hold over Community legislation through complex procedures, which are not transparent even to experts. Although, the Commission chose to implement the regulatory committee in forty per cent of the cases in which it was used, they are still well placed to determine the agendas through the chairing of meetings. Parliament has even gone as far as (unsuccessfully) challenging the procedure in Court, arguing that decisions here undermined the rights of executive control. At present, there are four forms of law making within the EC which Parliament have varying degrees of control over: consultation, co-operation, co-decision and assent. The consultation procedure demands that the Council consult Parliament before coming to a decision on Community secondary law. Failure to consult can lead to an instrument being struck down6, yet this really gives very little power to Parliament as the Council may still disregard their opinion. The co-operation procedure, introduced by Art 252 establishes a first and second reading in areas largely affecting the internal market. Here Parliament can force the Council to a unanimous vote on a legislative proposal or table amendments that the Council must reconsider. However, this procedure is almost redundant applying exclusively to EMU matters Co-decision is where Parliament can ultimately reject a proposal submitted by the Council. Here Parliament is entitled to propose amendments, which the Council must adopt unanimously if the Commission also has a negative opinion. The veto powers of Parliament can only take effect if the conciliation committee cannot agree on a common position. The procedure being used approximately 20 per cent of the time only. Finally, the assent procedure is required to be followed in six instances, where proposals may not be enacted unless assent is given by Parliament. They may not amend the proposals, simply approve or reject the measures an all or nothing scenario. The real negotiations regarding the co-decision procedure tend not to take place at conciliation meetings, but rather at the Committee of Permanent Representatives (COREPER). This group of Civil Servants, who are attached to the Council, scrutinise and agree on legislation before it reaches the Council proper i. e. unelected technocrats or bureaucrats are given preliminary responsibility for proposing legislation. This may at first seem unreasonable, yet Civil Servants of many nations currently contribute to legislative proposal with regards to Public Law. It is the involvement in the co-decision procedure and the opacity with which they work that may undermine the democratic ideal. This lack of transparency is not confined to COREPER, it appears to be endemic of the EC legal system. Declaration No. 17 annexed to the EC Treaty (by the TEU) stipulates that transparency of the decision-making process is needed to strengthen the democratic nature of the institutions and to restore public confidence in the EU EC. Improvements in this nature are slowly forthcoming and although the Council debates are in secret, they hold a public debate every six months with other debates possible on major issues of Community interests and major legislative proposals, only if there is a unanimous vote by Council. Yet transparency is a crucial instrument in bringing the Community closer to its citizens and in increasing their confidence in its operation, such confidence being a key element in any democracy. 7 The Commissions deliberations also remain secret, although they have embarked on a process of simplifying and streamlining EC legislation to make it more accessible and easier to understand for the EU citizen. The publishing of some legislative proposals in the Official Journal, with details of where those interested can obtain documents and how they can respond to them, will certainly help bring the legislative processes closer to the citizen. Though why this should have taken so long to happen is confusing as Art 1 of the treaty, marks an ever closer union n which decisions are taken as openly as possible to the citizen. This would also suggest means the devolution of authority to the lowest level of government capable of performing duties within the legislative procedures, meaning that power should be delegated to local authorities rather than member states governments. Yet it is this very principle that threatens to undermine the democratic mandate, undermining the position of the MEPs and seemingly underlining the supremacy that some national Parliaments feel they still retain (by simply deferring supremacy through Acts of Parliament). With a low turnout at European elections we hardly need the principle of subsidiarity to be used as a possible basis for challenge to the validity of community legislation. For many the most appropriate was to enhance democracy in the EU is to enhance the role of national Parliaments in EC EU decision-making. The UK Parliament having two select committees: House of Commons Select Committee on European Legislation and House of Lords Select Committee on the EC. These scrutinises draft laws and instructs the government minister in the Council on how to vote, whether there is enough time in an already busy schedule is debateable. Perhaps, an enhanced European Parliament should take sole responsibility for this role as it is they who are the elected representatives of the EU citizen. Interests of national sovereignty must however, be appeased if continued negotiation is to take place at summit level. The question of democracy clearly points to the role of the European Parliament (as the only directly elected body) having only a minor role in the legislative process as opposed to the question of delegation to Committees controlled by the Council. Perhaps the Parliament should be given a greater opportunity not only to propose but also to enact legislation. In order to achieve this there will have to be a greater affinity between the European Community as an institution and its citizens as MEPs can hardly be described as currently acting upon a democratic mandate when electoral turnout is so low. This may be gradually achieved over time or accelerated with a Bill of Rights or Constitution. However, it is worth saying that although a democratic deficit exists within the ECs legal system, it has come a long way in a very short time.

Thursday, November 21, 2019

Surveilance Essay Example | Topics and Well Written Essays - 2500 words

Surveilance - Essay Example ttempts to show how Michel Foucault’s notion of surveillance using the panoptic principle is in fact made manifest by the use of video and still cameras. Further, panopticism has been used as themes of various photo exhibits, no doubt inspired by the creeping feeling of being watched. The practice of placing individuals under ‘observation’ is a natural extension of a justice imbued with disciplinary methods and examination procedures. Is it surprising that the cellular prison, with its regular chronologies, forced labour, its authorities of surveillance and registration, its experts in normality, who continue and multiply the functions of the judge, should have become the modern instrument of penality? Is it surprising that prisons resemble factories, schools, barracks, hospitals, which all resemble prisons? (p. 228). In this particular passage, Foucault outlines the mechanisms that the prison uses in controlling criminality. On closer examination, what he in fact outlines are the mechanisms that operate within different social institutions. This is a noteworthy point, since the institutions that he mentioned, i.e. factories, schools, barracks, and hospitals, all function in essentially the same way as the modern prison. These all use specific procedures and techniques to discipline subjects. What follows is a discussion of Foucault’s notion of discipline as correct training, with its particular mechanisms and techniques. Foucault’s book was originally titled in French, Surveiller et punir. The translator, Alan Sheridan, explained at the outset the difficulty in translating the title itself for various reasons. Apparently, the French surveiller does not have a directly appropriate English counterpart. The term â€Å"surveillance† proved too limited, and â€Å"supervise† tended to be understood quite differently from what Foucault originally meant. In the end, Foucault himself chose Discipline and Punish, clarifying in the book that the term